J&J Sports Productions Inc. v. Johnny's Restaurant Bar & Lounge Inc et al

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. As recommended by Judge Tiscione, plaintiff's motion for a default judgment is granted in part and denied in part. Plaintiff's motion is granted with respect to defendant Johnny's Resta urant, Bar & Lounge, Inc.'s ("Johnny's Restauraunt's") liability under the Federal Communications Act of 1934, 47 U.S.C. § 605, and denied with respect to defendant Savatri Lall. The complaint is dismissed as to Ms. La ll. Plaintiff is awarded $7046.50, consisting of $3297.00 in statutory damages, $3297.00 in enhanced damages, and $452.50 in costs and disbursements. Plaintiff's request for prejudgment interest is denied. The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Nina Gershon on 2/13/2017. (Barrett, C)

FiL

LJ CLERKS OFFIC
U.S. DISTRICT COURT
E.D.N.Y

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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J&J SPORTS PRODUCTIONS, INC,

FEB 14201?
BROOKLYN OFFICE

Plaintiff,
ORDER
15-CV-6645 (NG)(SLT)

-againstJOHNNY'S RESTAURANT, BAR & LOUNGE,
INC. and SAVITRI LALL,
Defendants.
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x

GERSHON, United States District Judge:
Finding no clear error in the unopposed Report and Recommendation ( "R&R") of
Magistrate Judge Steven L. Tiscione dated December 15, 2016 regarding the entry of default
judgment and the scope of relief to be awarded to plaintiff J&J Sports Productions, Inc., I adopt
the R&R. As recommended by Judge Tiscione, plaintiff's motion for a default judgment is
granted in part and denied in part. Plaintiff s motion is granted with respect to defendant
Johnny's Restaurant, Bar & Lounge, Inc.'s ("Johnny's Restauraunt's") liability under the Federal
Communications Act of 1934, 47 U.S.C. § 605, and denied with respect to defendant Savatri
Lall. The complaint is dismissed as to Ms. Lall. Plaintiff is awarded $7046.50, consisting of
$3297.00 in statutory damages, $3297.00 in enhanced damages, and $452.50 in costs and
disbursements. Plaintiffs request for prejudgment interest is denied. Judge Tiscione has
carefully reviewed and explained the applicable considerations in reaching his recommendation.

The Clerk of Court is directed to enter judgment accordingly.

SO ORDERED.

Nina Gershon

/s/
NINA GERSHON
United States District Judge

Dated: February 13, 2017
Brooklyn, New York